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B-184574 1 (1976-07-01)

handle is hein.gao/gaobaddcb0001 and id is 1 raw text is: ,~c ~-THE COMPTRDL-..,R GENERAL DIECISIDNl .- j . .OF THE UNITED STATES . WASHINGTON. D.C. 20548 JUL 1975 FILE: DATE: B-184574 M1ATTER OF: OI Bernard Popick - Appeal from agency denial of waiver DIGEST: Agency denied employee's request for waiver of $240 overpayment due to erroneous underdeduction for optional life insurance since agency furnished earning statement with each paycheck and thus employee should have known of the underdeduction. Agency determination affirmed in absence of showing that it is contrary to the statute or implementing standards for waiver, or that it is arbitrary or capricious. Mr. Bernard Popick, a former employee of the Department of Health, Education, and Welfare, seeks reconsideration of the refusal of our Transportation and Claims Division (now Claims Division) to reverse the agency denial of his request for waiver of a claim of the United States against him in the amount of $240 arising out of erroneous payment of pay. The agency states that Mr. Popick elected to have premiums deducted for both regular and optional life insurance. Through administrative error no deductiorswere made for optional life insurance coverag'e for 40 pay periods in the amount of $6 a pay period. The employee received an Earnings and Leave State- ment for each pay period which showed the under deduction for insurance. The agency states that in signing up for the optional insurance, each employee is advised of the increase in cost and accordingly should have noted the incorrect premium deductions on his earnings and leave statements. Accordingly, the agency denied Mr. Popick's request to waive the overpayment. The General Accounting Office will consider appeals from employees of an agency's action on their requests for waiver under Public Law 90-616, 5 U.S.C. § 5584. Our Office has adopted the policy, however, of not reversing an agency's deter- mination under such law except to the extent that the agency action is contrary to the statute or the implementing Standards for Waiver, as interpreted by our Office, or unless the agency's action is found to be arbitrary or capricious.

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